We need to get something up on the front page about this, especially tooting our own horns (lol, bull pun) about our large role in bringing this to public knowledge.
Anyone wanna take a stab at it?
First change the name of this forum by cutting off everything after “Gene Simco Project Forum” I am trying to help you if Gene ever sues us.
I’m going to Milbrook tonight, when I get back I’ll draft something.
I’ll write it, but I need to catch up on the events a lot more than I am.
Phrost, let me do it. That way if Gene sues, he goes after me first.
Secondly Duck of Death and Sambo Steve said they can’t access here.
Shit, not sure why, they were both given access.
Okay, here is the situation. Simco got the court appearance moved once again, this time to Wednesday at one. It doesn’t look like we have anyone who can cover. I am attempting to hire someone to sit in and listen. It will be a down to the wire thing. I will not mention anything on the thread til after tomarrow afternoon.
Phrost, could you ask wolf or tom to help you out?
Tom Kagan and I are going to the 1pm arraignment today. Will report back as soon as possible.
Steve called in, they waived a reading of the facts of the case but Steve and Tom picked up all other kinds of interesting info. 
Awesome. I’m itching to know.
This is an opportunity for us to put ourselves up there with more traditional journalistic outlets.
Steve will do a write up, post it here, and I’ll just run the beedy eye over it, and voila! an article!
Tom Kagan and I went to the Simco arraignment today (Wednesday, September 30th) at Millbrook Village Court at 1pm.
The date had been changed from last night to this afternoon. Presumably to keep things quiet and keep attendance at a low at this arraignment. The role of the internet and public communication surrounding this case was openly discussed and cited as a reason to keep silent regarding certain issues regarding the case…specifically the name of the alleged victim. Thankfully, Tom and I were free to attend the arraignment. Unfortunately Sam made the drive last night, only to discover that the date had been again changed (for the second time).
Tom and I arrived at the court around noon, and introduced ourselves to the court clerk (Shirley), who was a very pleasant woman. We openly stated who we were (from Bullshido, reporting on the case for a martial arts web-community), and we all discussed the role the internet has played in this case. She told us that she has been bombarded with phone calls about the case.
We came back to the court at 12:45pm and took our seats in the court (which is very small). Mr. and Mrs. Simco were there at that point reviewing with their attorney what would go on during the arraignment. We were asked to sign in with the court, were screened by the court officer, and took our seats. Considering the court’s obvious knowledge that the internet has played in this case, it is commendable that we were permitted to observe the arraignment. Neither Simco nor his wife, ever made eye contact with us as far as I can tell (even though we were seated right behind them and nobody else was in the court but us). However, the judge very clearly looked at us every time the subject of the internet came up in the proceedings.
Present at the arraignment were Mr. and Mrs. Simco, their attorney, the state prosecutor, the court officer, one other LEO who came with the prosecutor, one observer (a friend of the Simco’s it seems - who smelled strongly of alcohol BTW), Tom, myself, and the court clerk. I was a bit suprised at how empty the court was and how little security there was considering all the publicity this case has received. I guess the constant date changes served their purpose. It seems that nobody was there from PoJo.
The arraignment began: State of New York vs. Eugene Simco.
The formal reading of the charges was waived. Though reference to “the 2 charges” against Simco was made and both Simco’s attorney and prosecutor acknowledged that they were aware of the charges.
First off, Simco’s attourney filed a motion to dismiss the case based on statute of limitations. The prosecutor will present her answer to this motion by October 14th for Simco’s attorney and the court to review.
Secondly, Simco pled not guilty to “the 2 charges”. Simco’s attorney cited the reason for this plea (as we expected): that Simco is a victim of slander for financial gain perpetuated by the owner of a competing business. It was stated that the owner of the competing business is the brother of the alleged victim and that the internet was used as a primary vehicle for this slander campaign. The judge discussed at length that the name of the alleged victim shall not be mentioned in court or communicated in other public forums (internet), though it was indicated that the alleged victim is a female.
Following the entering of Simco’s not guilty plea, the prosecutor requested a temporary order of protection (6 months duration starting today) which bans all contact with the alleged victim by Simco and/or his family. Third parties, such as Simco’s attorney are permitted to contact the alleged victim.
Simco’s attorney, while not objecting to the protection order, did question the need of such protection since the alleged victim, to his understanding, does not currently reside in New York, and was not planning to appear. To this the prosecutor replied that the alleged victim planned on returning to New York and cooperating fully with the prosecution.
After this, the judge set the next court date for October 28th at 7pm (if it does not change again), where the motion to dismiss and the prosecutor’s answer would be discussed. Simco was released on his own recognizance.
After court was adjourned, Tom and I left. There were several (3 or 4) people waiting outside the court room, presumably for the arraignment to be completed.
As an aside, Simco (who I had never met prior) looked smaller and thinner than I expected and looked to me to be a man under a lot of stress.
I corrected a number of typos. I considered whether we should remove information about Shirley being helpful, but didn’t touch that part. I’ll ask Tom to review your write up, just in case anything was left out.
Minor points:
The order of protection specifically bars any attempt by Simco or his family to contact with the victim directly or indirectly via 3rd parties. The defense attorney asked for clarification to make sure this did not preclude him from the defense attorney’s normal discovery (?? correct legal word?) as this is not considered a 3rd party communique. The order was effective immediately, not later when filed by the clerk.
The prosecution had no objection to Simco continuing to be out on his own recognizance and also mentioned his ties to the community and his prior cooperation as enough to satisfy the state’s need to ensure he would return to court on the 28th.
Heather Simco is a bit of a looker. However, it’s the vapid pageant contestant look I’ve personally never found particularly appealing.
There is no security. There isn’t even a unmanned security desk - forget about walking through a metal detector. I could carry an arsenal right in. Besides briefly being in the courtroom talking to the clerk an hour beforehand, we were seated for a full ten minutes before court started and before the court officer came and did a wave of a wand over the people already there. This check was so cursory that I could have been holding a handgun in my hand and he would have missed it, but damn if it didn’t pick up the metal eyelets in my shoes.
The judge specifically asked the defense attorney if he received a particular document from the prosecution prior to the arraignment. The defense attorney acknowledged receiving it. I’m drawing a blank what it was. Damnit! Steve?
Thank you Tom You were quite the sport to go up to Millbrook on such short notice! Which resturant do you guys recomend in town?
Awesome, should we edit this a bit and post it on the front page as is or should I rewrite it more as a news release?
Err I’m dumb, Sam already shot me down about me posting it.
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Steve posts the account on the thread.
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I will post the following text for a front page article.
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Phrost adds pic to front page article.
Front Page News Article
Gene Simco arraigned in Millbrook, New York
On August 21, Phil Migliarese posted on JiujitsuShare.com that Gene Simco, a famous Brazilian Jiujitsu Black Belt had been arrested in New York for:
- Endangering the welfare of a CHILD.
- SEXUAL ABUSE in the 3rd degree involving a MINOR.
More then a month later, after dozens of phone calls made and three trips to the Millbrook Village Court in New York we can confirm that this arrest took place, and that he was charged with these crimes. *
Sambo Steve’s discription of this arraignment can be read here:
http://www.bullshido.net/forums/showthread.php?t=75312&page=36
See post #352
As previously mentioned, I do not know if Gene is guilty. It’s up to the court system to answer this question, and Gene is presumed innocent unless he is convicted. I can say however, that since his court date was moved two times, someone did not want us present to witness what went on, and secondly if not for the attention this case received on the internet, neither the Prosecution, nor Simco, nor the Poughkeepsie Journal, would have publicly acknowledged the existence of this case.
We will continue to follow this case and bring you periodic updates. Will this case be dismissed because the alleged crime occured outside applicable statute of limitations? Tune in at the end of October to find out.
- For the charges see http://www.bullshido.net/forums/showthread.php?t=75312&page=35 post #347
Please help me edit this article!
I’m still at dinner, will do when I get home.